The Ex Parte Temporary Custody Order in Ohio is a legal form that allows a person to request emergency custody of a child while a custody case is pending. This form is essential for those seeking immediate protection for a child and must be filed alongside a Complaint or Motion for Custody. If you need to fill out this form, click the button below to get started.
The Ex Parte Temporary Custody Order form in Ohio serves as a crucial tool for individuals seeking immediate custody of a child during ongoing legal proceedings. This form must be filed alongside a Complaint or Motion for Custody and is intended for situations where an emergency order is necessary. It requires the applicant to provide detailed information, including the names and birthdates of both the parties involved and the child or children in question. The applicant must explain the reasons for requesting the emergency order in a section labeled "Memorandum." Notably, the form must be notarized, ensuring the authenticity of the request. After completing the form, individuals must file it with the Clerk of Court, who will retain the original and provide a time-stamped copy as proof of filing. If the motion is granted, a hearing will be scheduled, where the applicant must present evidence to demonstrate that granting temporary custody is in the best interests of the child. This process emphasizes the importance of preparation, as the applicant must be ready to testify and provide supporting documentation during the hearing.
CUSTODY
VERIFIED MOTION FOR TEMPORARY ORDERS EX PARTE
INSTRUCTIONS
Attached is a form requesting that the Court grant you an emergency order for custody during the pendency of a case. This form must be filed in conjunction with your Complaint or Motion for Custody.
These instructions are intended to be a general guide to help you get the forms filled out, filed with the Court, and properly before the Judge. These instructions are not intended to be a legal analysis of your request or advice as to whether you should win your request. They are merely to assist you in preparing and presenting your request.
A.FILLING OUT THE FORM - TYPEWRITTEN OR IN INK
1.The enclosed forms should be filled out before you go to the Courthouse to file them. The Clerk of Court’s staff will not help you in completing the forms.
2.Verified Motion for Temporary Orders Ex Parte - If there is no existing Order and you have, or are filing a Complaint, you are the Plaintiff. If there is an existing Order and you have, or are filing a Motion, and you were the Plaintiff on that Order, you are still the Plaintiff. If there is an existing Order and you have, or are filing a Motion, and you were the Defendant on that Order, you are still the Defendant.
Fill in the name of the county and court division (i.e., Juvenile, Domestic Relations) and the name, address, telephone number, and birth date of both parties. If there is no existing order, leave the case number blank. If there is an existing order, use the same case number that is on the existing order.
Fill in your name. Fill in the name(s) and date(s) of birth of the child(ren).
Under Memorandum, explain the reason that you need the Court to grant an emergency order.
This is a verified Motion. Your signature has to be notarized. Sign your name above
Movant when you are in the presence of the Notary.
Under Instructions for Service, check either Plaintiff or Defendant (the person you want the Court to serve the papers on) and sign your name above Movant.
3.Judgment Entry - Fill in the name of the county and court division, and the Plaintiff and Defendant. Fill in the case number if there is an existing order.
Verified M otion for T emporary Orders Ex Parte (Library)
Tab # 17
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4.Remove the instructions sheets and make three copies of each page of each form.
B.FILING THE MOTION
1.After the forms are filled out and copied, YOU MUST TAKE THEM to the Clerk of Court’s office to be filed.
2.When you file your Motion, the Clerk's office staff will take the original and three copies of your papers. You should ask the Clerk to time-stamp your copy of the Motion. This will be your proof that you filed the originals. The Judgment Entry will not be file-stamped at this time.
3.If your Motion is granted, a hearing will be set.
C.WHEN A HEARING IS SET
1.You should present a neat appearance to the Court. The Court will not permit anyone to appear in court if s/he is wearing any of the following items of clothing: a hat, shorts, sandals, sleeveless shirts, tops, or blouses, clothing displaying indecent language or pictures, or clothing with large rips or holes. Make sure that your witnesses know this and comply with these requirements.
2.You must be prepared for the hearing. You should have with you any witnesses that you wish to use to support your request. You should also bring any papers or other physical evidence that you want the Magistrate to see. It is your burden to prove that it is in the best interests of the child(ren) to be with you.
3.You will probably testify first. You should be prepared to tell the Magistrate all of the things that have happened that show that you should be granted temporary custody. This is the only opportunity that you will have to present the facts, so make sure that you include everything.
4.VERY IMPORTANT: This is not the time to tell the Magistrate everything that the other person has done that you disagree with or that has hurt or angered you. The Magistrate will only want to hear the evidence that shows it is in the best interests of the child(ren) to be with you. Be prepared to limit your testimony to those points raised in your Motion. Tell the Magistrate why you believe the child(ren) benefit(s) by living in your home with you.
5.At the hearing you may be asked questions by the Magistrate or by the other party or by an attorney. Directly respond to the questions. Listen to the question; make sure that you understand the question; and answer the question. If you do not understand the question, ask to have the question explained to you before answering it. Never answer a question you do not understand.
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6.Child support and parenting time will also be decided. When child support is at issue, you must prove your income and expenses.
7.Note: The other party may ask the Court for parenting time or visitation. If you want visitation limited or supervised, you will have to prove that it is in the best interests of the child to do that. You should have a list or idea of your reasons to tell the Court why visitation should be limited or supervised. If you have no reasons, you should not ask for limitations or supervision.
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IN THE COMMON PLEAS COURT
________________ COUNTY, OHIO
_____________________ DIVISION
*
(Name)
(Address)
(City, State, Zip)
(Telephone Number)
(Birth Date)
Plaintiff/Petitioner,
CASE NUMBER _________________
vs.
JUDGE _________________________
Defendant/Petitioner.
Now comes _________________________, and moves this Honorable Court for an Order
designating him/her as the temporary, residential parent and legal custodian of the minor child(ren):
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Child’s Name
Date of Birth
ex parte, for the reasons set forth in the Memorandum below.
MEMORANDUM
______________________________________________________________________________
Respectfully submitted,
__________________________________________
Movant
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STATE OF OHIO
SS:VERIFICATION COUNTY OF ________________,
The undersigned, being duly sworn, hereby state that the facts in the foregoing Verified Motion for Temporary Orders Ex Parte are true to the best of his/her knowledge and belief.
SWORN TO AND SUBSCRIBED BEFORE ME, a Notary Public, this _______ day of
_______________, 200__.
NOTARY PUBLIC
INSTRUCTIONS FOR SERVICE
TO THE CLERK:
Please serve a copy of the Verified Motion for Temporary Orders Ex Parte upon:
9Plaintiff
9Defendant
at the address designated in the caption by Certified Mail service, with a return thereof as required by law.
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_______________ COUNTY, OHIO
____________________ DIVISION
_________________________,
:
Case No. _______________
JUDGE ___________________
Defendant/Respondent.
JUDGMENT ENTRY
Upon Motion of _________________________ and for good cause shown, he/she is hereby
designated ex parte as the temporary residential parent and legal custodian of the following children born on the following dates:
IT IS SO ORDERED.
JUDGE
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Filling out the Ex Parte Temporary Custody Order form requires careful attention to detail. Once completed, this form will be filed with the court as part of your custody case. The following steps will guide you through the process of filling out the form accurately.
After completing the form, take it to the Clerk of Court’s office for filing. The Clerk will keep the original and copies, and you should request a time-stamped copy for your records. If the motion is granted, a hearing will be scheduled to discuss the custody arrangement further.
What is an Ex Parte Temporary Custody Order in Ohio?
An Ex Parte Temporary Custody Order allows a parent to request emergency custody of their child without the other parent being present at the hearing. This type of order is typically used when there is an immediate threat to the child's well-being, and the court needs to act quickly to ensure their safety.
When should I file for an Ex Parte Temporary Custody Order?
You should consider filing for this order if you believe that your child is in immediate danger or if there are urgent circumstances that require you to gain temporary custody. This could include situations involving abuse, neglect, or other serious issues that affect the child's safety.
What forms do I need to fill out?
You will need to complete the Verified Motion for Temporary Orders Ex Parte form. This form must be filled out accurately, including details about both parents and the child or children involved. You will also need to provide a memorandum explaining why you are requesting emergency custody.
Do I need to have an existing custody order to file?
No, you do not need to have an existing custody order to file for an Ex Parte Temporary Custody Order. If this is your first request for custody, you can still file this motion as part of your initial complaint or motion for custody.
How do I file the motion with the court?
Once you have completed the necessary forms, take them to the Clerk of Court’s office in your county. You will need to submit the original forms along with three copies. Make sure to ask the Clerk to time-stamp your copy, as this serves as proof that you filed your motion.
What happens after I file the motion?
If your motion is granted, the court will schedule a hearing to discuss the custody arrangement further. You will be notified of the date and time for this hearing, where you can present your case to the judge.
What should I expect during the hearing?
During the hearing, you will present your case first. It is crucial to focus on the best interests of the child and provide evidence supporting your request for custody. Be prepared to answer questions from the judge and possibly the other party involved.
Can the other parent request visitation rights?
Yes, the other parent may request visitation rights during the hearing. If you believe that visitation should be limited or supervised, you will need to provide compelling reasons to the court to support your request.
What should I wear to the court hearing?
It is important to dress appropriately for court. Avoid wearing casual clothing like hats, shorts, or sleeveless tops. A neat appearance shows respect for the court and can positively influence how your case is perceived.
What if I don’t understand a question during the hearing?
If you do not understand a question posed to you during the hearing, it is perfectly acceptable to ask for clarification. Never feel pressured to answer a question you do not comprehend; instead, seek to understand before responding.
Filling out the Ex Parte Temporary Custody Order form in Ohio can be a daunting task, and mistakes can lead to delays or complications in your case. One common mistake is not filling out the form completely. It is essential to provide all required information, including names, addresses, and birth dates of both parties and the child(ren). Missing even a single detail can result in the court rejecting your motion.
Another frequent error involves the case number. If there is an existing custody order, it is crucial to use the same case number from that order. Failing to do so can create confusion and may lead to your motion being dismissed. Conversely, if there is no existing order, leaving the case number blank is acceptable, but be sure to double-check this detail.
People often forget to have their signature notarized. This step is vital, as the motion is a verified document. Without a notarized signature, the court may not accept your motion, causing unnecessary delays. Ensure you sign the document in the presence of a notary public to avoid this pitfall.
Another mistake occurs when individuals fail to explain their reasons adequately in the Memorandum section. This part of the form is your opportunity to articulate why an emergency order is necessary. Providing vague or insufficient reasons can weaken your case, so it is important to be clear and detailed about your circumstances.
Some people overlook the requirement to check the appropriate box for Plaintiff or Defendant under Instructions for Service. This detail is crucial for the court to know whom to serve the papers on. Failing to indicate this correctly can lead to confusion and may delay the process.
When it comes to filing the motion, individuals sometimes do not take enough copies of the documents. It is important to have the original and three copies ready to file with the Clerk of Court. Without these copies, you may not receive the necessary proof of filing, which can be important later in your case.
Another common error is not preparing for the hearing adequately. Many individuals assume that the court will automatically understand their situation without proper presentation. However, it is essential to gather any witnesses and supporting documents to strengthen your case. Being unprepared can negatively impact the outcome of your hearing.
During the hearing, some people mistakenly focus on discussing the negative actions of the other party rather than emphasizing the best interests of the child. The court is primarily concerned with the welfare of the child(ren), so it is crucial to stay on topic and present your case accordingly.
Lastly, failing to understand the importance of child support and parenting time can lead to complications. If these issues are part of your motion, be prepared to provide evidence of your income and expenses. Additionally, if you wish to limit or supervise visitation, you must have valid reasons to support your request.
By being aware of these common mistakes and taking the time to prepare thoroughly, you can increase your chances of a successful outcome in your custody case. Always remember that attention to detail and clarity in your presentation are key elements in navigating the legal process effectively.
When filing for an Ex Parte Temporary Custody Order in Ohio, several other forms and documents may be necessary to support your request. Each of these documents plays a crucial role in the custody process, ensuring that all relevant information is presented to the court. Below is a list of commonly used forms along with brief descriptions of their purposes.
Understanding these forms can significantly aid in navigating the custody process. Each document serves a specific purpose and contributes to presenting a comprehensive case to the court. Proper preparation and organization of these forms can lead to a smoother experience in seeking temporary custody arrangements.
When filling out the Ex Parte Temporary Custody Order Ohio form, it is crucial to follow specific guidelines to ensure a smooth process. Here are six important dos and don’ts:
Filling out the Ex Parte Temporary Custody Order form can be a crucial step in securing the well-being of your child(ren). Here are some key takeaways to keep in mind:
These steps can help ensure that your request for temporary custody is presented effectively and compassionately. Your child's well-being is the priority, and being prepared can make a significant difference.